Terms & Conditions

General

Welcome to Peak Personal Training’s website. In the interest of continuing to build trust with our customers we want you to understand that through use of our website you agree to the terms set forth below as of the date of such use. If you do not want to be subject to these terms please do not use our website. Peak Personal Training may periodically change these terms and you should review them often. These Terms of Use were last updated on February 1, 2011.

WE WILL MAKE A REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT Peak Personal Training ON THIS WEBSITE; HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED HERE IS ALWAYS UP TO DATE OR THAT THIS WEBSITE CONTAINS ALL RELEVANT INFORMATION AVAILABLE ABOUT Peak Personal Training. IF YOU ARE MAKING AN INVESTMENT OR OTHER IMPORTANT DECISION, PLEASE CONSULT ALL APPROPRIATE SOURCES.

Information Exchange

As part of your use of this website, we may obtain certain information about you which we will hold in confidence according to these Terms of Use and our Privacy Policy; please click here to read our Privacy Policy describing how we will and will not use information. By using information you submit when you visit this website, Peak Personal Training may send you emails or other communications on various topics such as news related to organic standards, information on specific products, and information about our Company.

Provided that Peak Personal Training will not use your information in a way that identifies you personally (unless required by law), please understand that information submitted to or gathered by Peak Personal Training via this website, may be treated as non-confidential. You agree that all such information may be used by Peak Personal Training for any purpose without compensation to you.

With regard to the content of any submissions you make to Peak Personal Training through this website, you agree to remain solely responsible, and agree not to submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this website that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.

Links

As a convenience, Peak Personal Training provides links on the website that allow you to connect with third party websites that are not under our control. The link to a third party website provided on this website does not imply endorsement of or responsibility for such linked website by Peak Personal Training and we are not responsible for any information you submit to them, their contents, privacy policies or other practices.

Online Forums

In the event Peak Personal Training makes online forums available, guests may post comments, testimonials, suggestions, questions and other content in our online forums so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Peak Personal Training reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Peak Personal Training a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Peak Personal Training the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Peak Personal Training for all claims resulting from content you supply. Peak Personal Training takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright & Trademark

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of Peak Personal Training, or to another party that has licensed their material to Peak Personal Training and is protected by United States and international copyright laws. The content of this website is not intended to be a comprehensive compilation of all Peak Personal Training worldwide proprietary ownership rights, and Peak Personal Training may own or control other proprietary rights in one or more countries outside of the United States. You may not reproduce, redistribute or otherwise use any materials without the express written consent of Peak Personal Training. All rights not expressly granted are reserved. Peak Personal Trainings trademarks and trade dress may not be used in connection with any product or service that is not Peak Personal Trainings, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Peak Personal Training.

Your use of the materials included on this website is for personal, informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this website in any way. You agree to indemnify, defend and hold harmless Peak Personal Training for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to Peak Personal Training and that in the event of an unauthorized use, Peak Personal Training shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Copyright Complaint Procedure

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Peak Personal Training that your copyright has been violated.

Please provide the following information in the following format (including Section Numbers):

A clear identification of the copyrighted work you claim was infringed.

A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material.

Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on this website should be emailed to:

We suggest that you consult your attorney prior to filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

Health Information

All materials related to health information are provided for educational purposes only. Furthermore, some of this content comes from third parties and unless specifically stated, Peak Personal Training does not vouch for the correctness of such information. You should always consult a physician regarding the applicability of any opinions or recommendations with respect to any symptoms or medical condition.

While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. We cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on our Website. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. We do not endorse or warrant the validity of any health-related statements found on our Website or on any third-party websites accessed through our Website. You should always consult with your physician prior to changing or undertaking any new diet or exercise program or using any health-related information. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither Peak Personal Training nor the manufacturer assumes any liability for inaccuracies or misstatements about products.

DISCLAIMER AND LIMIT OF LIABILITY

THIS WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND Peak Personal Training EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) TO YOU CONNECTED WITH USE OF THIS WEBSITE, INCLUDING ITS CONTENT AND REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Peak Personal Training, Inc., its subsidiaries and affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.

Peak Personal Training does not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Peak Personal Training is aware of them.

Please understand that Peak Personal Training disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any 3rd party, including without limitation, information posted on any related blog; (4) the unavailability of this website or any portion of this website; (5) your use of this website; or (6) your use of any equipment or software in connection with this website.

Children

Parents should always supervise their children while online. Peak Personal Training’s website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website.

Jurisdictional

Use of this website shall be governed by and construed in accordance with the laws of the State of California, United States of America, as they apply to agreements made and solely performed in California. Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California, and jurisdiction therefore shall be solely in California.

Peak Personal Training makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.

Entire Agreement

These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining terms.

Privacy & Security

For an explanation of Peak Personal Training’s practices and policies related to the collection, use and storage of online information supplied directly or indirectly by you as a result of your use of Peak Personal Training’s website, please read our Privacy Policy. By accessing this website, you are consenting to our information collection and use practices described in these Terms of Use and our Privacy Policy.

Peak Personal Training has attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this website. This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our web sites, and you do so at your own risk.